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ceowens

Title search is gonna show liens..........

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Not sure if this is the right forum. :?

So......Our mortgage is in DHs name ONLY at a fixed rate of 5.75% (since 2003). In 2004 my DH got very sick (no health insurance) and had to have 2 feet of his colon removed. Long story short...he was unable to work, let his Citibank credit card go into default, racked up $80,000 in medical debt. Citi got a judgement against him for around $12,000. Forward to the future.......DH files Chapter 7 to get rid of the debt and was just discharged in December 2005.

Now......we are doing much much better financially and are trying to put in a pool (among other home improvements). My scores are in the 700s and my income is good. Yesterday I applied for an UNSECURED home improvement loan thru Key Bank in Charlotte, NC. My info only...not DHs. So, today the lady calls to tell me that I have been approved for the loan and that we can close in about 3 days....as soon as she gets back the "reports". What reports I ask. Well, one is flood plane and one is the TITLE REPORT. :shock: I know it's gonna show a lien from Citi. I guess my first concern is WHY they need to pull the title report for an unsecured loan. And this is gonna put my pool loan down the tubes, isn't it? :(

And even though Citi was included in the Chapter 7..the lien still stands, right???

I'm sunk. :?

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Was there an actual lien specifically against the property, or was it just a judgment, in general? The BK would have taken care of the debt underlying the judgment, but if a lien has been specifically recorded against your property, then that's different.

Your husbands atty should have submitted a 'motion to avoid lien' w/ the BK court if that's the case - and if he knew about it.

edited to add:

You might check w/ your county clerk's office and have them search property records by your name & by property address/legal description (you may be able to do it online). It might give you some idea of what may pop up.

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Was there an actual lien specifically against the property, or was it just a judgment, in general? The BK would have taken care of the debt underlying the judgment, but if a lien has been specifically recorded against your property, then that's different.

Your husbands atty should have submitted a 'motion to avoid lien' w/ the BK court if that's the case - and if he knew about it.

edited to add:

You might check w/ your county clerk's office and have them search property records by your name & by property address/legal description (you may be able to do it online). It might give you some idea of what may pop up.

Not sure. I only know for a fact that there is (was) a judgement. BK Atty knew about the judgement but did not file any motion to avoid lein. I am just "assuming" there is going to be a lien. Already checked to see if I can search online. .....not in my ultra-rural county. :roll: I guess I'll just sit tight and wait for loan officer to call me. What good is it gonna do me to go searching for it now?

:?

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In my case, I only had one judgment. It only pops up if I search property records for my name - not by the property address. Chances are you're okay.

Wouldn't do you any good to search at this point - other than peace of mind. No online access, huh? Hard to believe that there are places more backwards than OKC. :wink:

Good luck - Send us lots of pool pics.

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Oh yeah....forgot to mention that maybe they're just verifying that you are the owners of record, and not Aunt Sally or Bubba Pete.

It wouldn't be too good if they installed a pool, only to find out that you didn't own/have authority make the improvement. Tough to uninstall an in-ground pool.

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I just got off the phone with DHs BK atty. He still has our file "open" since the discharge was just last month. Anyway, assistant says that he "should" and "usually" files the motion to avoid if he know if the judgement......which we told him AND gave him the paperwork, so he should have known. Atty assistant was going to look thru the file and see what she could find. It might not help the pool loan, but it might help something in the future.

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why would you get a pool when you have just been unable to pay your bills and filed bk. it is because of people like you that all of our rates go higher. what will you do if you or your husband gets sick again. I work for a surgeon that does those types of surgeries. is it fair that he spend hours to SAVE your husband and you don't give him a DIME!!!!!!!!!!!!!!! You make me sick. I'm sure you'll be cool in your new pool. I hope you lose everything again and maybe you won't be so greedy next time.

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why would you get a pool when you have just been unable to pay your bills and filed bk. it is because of people like you that all of our rates go higher. what will you do if you or your husband gets sick again. I work for a surgeon that does those types of surgeries. is it fair that he spend hours to SAVE your husband and you don't give him a DIME!!!!!!!!!!!!!!! You make me sick. I'm sure you'll be cool in your new pool. I hope you lose everything again and maybe you won't be so greedy next time.

That is pretty harsh. I don't know that you can judge ones circumstances with so little information. Life is tough. Sometimes we all have a rough spot. If you are a lucky one to never having to go through a tough spot you are lucky.

I am glad to see they are doing better in life.

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why would you get a pool when you have just been unable to pay your bills and filed bk. it is because of people like you that all of our rates go higher. what will you do if you or your husband gets sick again. I work for a surgeon that does those types of surgeries. is it fair that he spend hours to SAVE your husband and you don't give him a DIME!!!!!!!!!!!!!!! You make me sick. I'm sure you'll be cool in your new pool. I hope you lose everything again and maybe you won't be so greedy next time.

You are jumping to alot of conclusions. Since you dont know the entire story dont be so quick to judge. Your comments were way out of line.

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why would you get a pool when you have just been unable to pay your bills and filed bk. it is because of people like you that all of our rates go higher. what will you do if you or your husband gets sick again. I work for a surgeon that does those types of surgeries. is it fair that he spend hours to SAVE your husband and you don't give him a DIME!!!!!!!!!!!!!!! You make me sick. I'm sure you'll be cool in your new pool. I hope you lose everything again and maybe you won't be so greedy next time.

:roflmao:

Thanks for the laugh. You're truly a clueless wonder. :roll:

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So are we getting a pool or what? If we are, whens the bbq

Hey Myfins. The hole is dug and the concrete walls were poured today.

The financing did not go thru because yes, there is a lien against the property. Although it is considered Null and void, it was still going to take about 90 days to get it all fixed so the loan would go thru. I chose not to wait that long.

So, as I am sure Peppergirl will be thrilled to hear, I dug into MY savings and paid CASH for the pool.

I'll let you know when the bbq is. :D

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why would you get a pool when you have just been unable to pay your bills and filed bk. it is because of people like you that all of our rates go higher. what will you do if you or your husband gets sick again. I work for a surgeon that does those types of surgeries. is it fair that he spend hours to SAVE your husband and you don't give him a DIME!!!!!!!!!!!!!!! You make me sick. I'm sure you'll be cool in your new pool. I hope you lose everything again and maybe you won't be so greedy next time.

I didn't see this either until now.

Time to modify the "READ THIS BEFORE POSTING" rules again. :evil:

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why would you get a pool when you have just been unable to pay your bills and filed bk. it is because of people like you that all of our rates go higher. what will you do if you or your husband gets sick again. I work for a surgeon that does those types of surgeries. is it fair that he spend hours to SAVE your husband and you don't give him a DIME!!!!!!!!!!!!!!! You make me sick. I'm sure you'll be cool in your new pool. I hope you lose everything again and maybe you won't be so greedy next time.

I didn't see this either until now.

Time to modify the "READ THIS BEFORE POSTING" rules again. :evil:

Yeah. Yeah. Yeah. If it weren't for the slack moderators around here....... :roll:

8]

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I also would like to install a pool. I don't know if you can do that prior to having substantial equity in the home first. We are refinancing a rate term this year. Our LTV will be about 97% after it. So I guess we will wait. I will do a search to see if any lenders will lend for a pool with those numbers. I just doubt it.

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you come get mine and you can have it!!! 8-) I am sick of taking care of it. And I am terrified of deep water :evil:

I just can't seem to understand why it is so hard to give away an inground pool :roll:

:wink:

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I also would like to install a pool. I don't know if you can do that prior to having substantial equity in the home first. We are refinancing a rate term this year. Our LTV will be about 97% after it. So I guess we will wait. I will do a search to see if any lenders will lend for a pool with those numbers. I just doubt it.

Actually, the loan I was approved for at Key Funding (Charlotte, NC) was not an equity loan. There was no appraisal, etc. I have very little equity in my home at this point. I was approved with scores around 700 and an old charge off from 2002. The loan didn't go bad until they pulled the title. So, I'm guessing you could get financed without equity. By the way, the pool cost was $25,900, and the payments (had I financed) were going to be less than $200 a month. I think the rate was around 7.9% (I don't remember EXACT figures). Hope that helps...

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you come get mine and you can have it!!! 8-) I am sick of taking care of it. And I am terrified of deep water :evil:

I just can't seem to understand why it is so hard to give away an inground pool :roll:

:wink:

:lol:

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charles, we still luv ya, Jay is just being a smartass, his antibiotics have made him feel pretty sassy again.

:wink:

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